New South Wales Consolidated Acts

STATE RECORDS ACT 1998 - SECT 48

48 Application of estray law in and of other jurisdictions

(1) The recognised estray provisions of the laws of another Australian jurisdiction apply in this State to a record located in this State (other than a State record) in the same way as they apply in that other jurisdiction to a record located in that jurisdiction.

(2) Recognised estray provisions applying under this section apply subject to such modifications as may be prescribed by the regulations under this Act.

(3) This Part extends to a State record that is located outside the State. Museums of History NSW is authorised to exercise its functions under this Part in any Australian jurisdiction in respect of any State record that is located in that jurisdiction.

(4) Museums of History NSW may, in accordance with a request of an interstate archives body, exercise on behalf of the body in New South Wales any function conferred on the body by or under recognised estray provisions in respect of a record located in New South Wales.

(5) An interstate archives body may, in accordance with a request by Museums of History NSW, exercise on behalf of Museums of History NSW in that body's jurisdiction any function conferred on Museums of History NSW under this Part in respect of a State record located in that jurisdiction.

(6) In this section--

"interstate archives body" means a body established under the law of another Australian jurisdiction and declared by the Minister by order published in the Gazette to be the interstate archives body for the purposes of this section.

"recognised estray provisions" means such of the provisions of the law of another Australian jurisdiction as may be declared for the time being by the Minister by order published in the Gazette to be recognised estray provisions for the purposes of this section.